There are three (3) manufacturing districts. The regulations for manufacturing districts are designed to provide for the establishment of a limited range of industrial and allied activities and to govern their operations in a manner that will not have a deleterious effect on residential or business areas. It is essential that adequate industrial sites are provided to attract new industry compatible with the present quality of the village. Adequate sites and industrial expansion will create growth and development of the village economic and tax base and provide a variety of employment for its labor force. The three (3) districts are:

   A.   The M-1 manufacturing district which is designed to provide an environment suitable for industrial activities that requires a pleasant and nuisance free environment and will be compatible with adjacent residential and business uses.

   B.   The M-2 manufacturing district that fully encompasses the Proviso freight yard, since it is a use of unique characteristics, and it is necessary to provide special provisions for this use in order to maintain the general characteristics of the northern neighborhoods in Berkeley and also to encourage the future conversion of these yards into some uses more compatible with the general area characteristics.

   C.   The M-3 manufacturing district shall have as its purpose and function to allow construction and development of village garage and motor vehicle facilities, billboard advertising signs, and television, telecommunication and similar nonoccupancy type structures. (2005 Zoning Code)

 

Table Notes:

(M-1a) Exclusive of the width of private streets or driveways running parallel to the dedicated or platted street upon which said property fronts.

(M-1b) Except that in the case of a corner lot, a yard of not less than 50 feet shall be required on all sides which are directly across from a residential district.

(M-1c) Buildings adjacent to only 1 residential street must front on the residential or dedicated street.

(M-1d) Exclusive of the width of private streets or driveways running parallel to the dedicated or platted street upon which said property fronts.

(2005 Zoning Code)

All activities involving the manufacturing, fabricating, assembly, disassembly, repairing, cleaning, servicing and testing materials, products and goods shall be within completely enclosed buildings. (2005 Zoning Code)

Landscaping in general shall be parklike in effect, blending into and enhancing the adjoining properties. Vertical and horizontal elements must be in good balance and of good design. Plant groupings shall be of good composition. Specifically, landscaping must provide for the following:

   A.   Boundary Plantings: Effective and attractive boundary plantings to screen the parking area from adjoining residential properties.

   B.   Evergreen Hedging: Low to medium (below 5 feet) evergreen hedging between street boundaries and the surfaced parking area. (Hedging may be clipped formally or free flowing with periodic trimming to ensure density and uniformity.)

   C.   Intermittent Screen Planting: Intermittent screen planting between street boundaries and surfaced parking area, designed to break the view of the parking lot and to provide visual attraction to the foreground.

   D.   Species Allowed: Only those species and varieties of trees, small trees, shrubs, evergreens and ground cover plants which are professionally rated as the choice of their kind shall be used. Selection should be predicated on beauty that endures and increases with age, and minimum care and maintenance requirements.

   E.   Prohibited Uses:

      1.   No unfabricated or unfinished raw materials shall be processed into any of the following basic products: metals of any kind, glass, plastics, textiles, leather or paper.

      2.   No lot, parcel or tract of land shall be used, and no building or structure shall be erected, altered, or remodeled for any of the following uses: abattoirs; acid manufacture; arsenals; crematories; creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks or explosive manufacture or storage; dumping or reduction of garbage, dead animals, offal or refuse; ore reduction, petroleum processing or refining; pyroxylin manufacture, gutta percha manufacture or treatment; saltworks, sauerkraut smelters, or slaughter of animals or fowl; tallow grease, or lard manufacture or treatment; tanning, curing, or storage of rawhides, or skins; tar distillation or manufacture; or junkyards and batch asphaltic concrete, cement, concrete, and mortar mixing plants. (2005 Zoning Code)

Any use established in the manufacturing districts after the effective date hereof shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing: a) noise; b) vibration; c) air pollution; d) fire and explosive hazards; e) glare or heat; and f) radiation hazards; and no use already established on the effective date hereof shall be so altered or modified as to conflict with such applicable performance standards. Prior to issuing a certificate of occupancy, the zoning administrator may, at his discretion, require certification from a testing laboratory or professional engineer, approved by the corporate authorities, that the proposed use is capable of complying with the applicable performance standards.

   A.   Noise:

      1.   Instrumentation: Noise shall be measured with a sound level meter, octave band analyzer meeting the applicable standards of the American National Standards Institute (ANSI S1.4-1971 and ANSI S1.11-1966). The instruments shall be set to the flat response weighing scale and the meter to the response.

      2.   Maximum Permitted Sound Levels:

         a.   Table designates the maximum permitted sound levels that apply on or beyond appropriate district boundaries. Where more than one set of sound levels apply, the most restrictive shall govern. Readings are to be made at points of maximum noise intensity. In all instances in which a manufacturing district does not adjoin a residence or business district, the performance standards governing noise shall apply at or beyond the nearest residential or business district boundary line.

         b.   At no point on the boundary of a residence or business district shall the sound pressure level of any individual operation or plant (other than background noises produced by sources not under control of this title such as the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown in table I of this section.

 

         c.   For impact noise levels, the values in table II of this section shall apply. For purposes of this title, "impact noises" shall be considered to be those noises whose peak values are more than three (3) dB higher than the values indicated on the sound level meter.

 

 

   B.   Vibration:

      1.   Instrumentation: Ground transmitted vibration shall be measured with a seismograph or complement of instruments capable of recording vibration displacement, particle velocity, or acceleration and frequency simultaneously in three (3) mutually perpendicular directions.

      2.   Maximum Permitted Vibration Levels:

         a.   Table I of this section designates the maximum vibration limits that apply on or beyond adjacent lines within the zone, and on or beyond appropriate district boundaries. Vibration shall not exceed the maximum permitted particle velocities listed in table I of this section. Where more than one set of vibration levels apply, the most restrictive shall govern. Readings may be made at points of maximum vibration intensity.

         b.   The maximum particle velocity shall be the maximum vector sum of three (3) mutually perpendicular components recorded simultaneously. Particle velocity may also be expressed as 6.28 times the displacement in inches multiplied by the frequency in hertz (cycles per second).

         c.   For purposes of this title, steady state vibrations which are continuous, or vibrations in discrete impulses more frequent than sixty (60) per minute, shall be considered impact vibrations.

 

 

Nighttime limits shall be considered to prevail from nine o'clock (9:00) P.M. to seven o'clock (7:00) A.M.

The values presented in table III of this section may be doubled for impact vibrations.

   C.   Air Pollution: In all districts, any activity, operation, or device which causes or tends to cause air pollution shall comply with the Illinois air pollution regulations.

      1.   Smoke: The emission of smoke from all stacks, chimneys, processes, and devices shall not exceed the limitations described below:

 

 

      2.   Steam: The emission of visible steam (condensed water vapor) from all stacks, chimneys, processes, and devices shall not be allowed within five hundred feet (500') of a residential district boundary. For the purpose of this regulation, "visible steam" is defined as a plume of condensed water vapor droplets having an equivalent opacity of sixty percent (60%) or greater.

      3.   Particulate Matter:

         a.   Source Emissions: The emission of particulate matter from all stacks, vents, chimneys, flues and openings of all sources of air pollution on a lot shall not exceed the following limitations:

 

 

         b.   Windborne Emissions (Suspended Particulate Matter): The emission of suspended particulate matter from all stacks, vents, chimneys, flues, openings, storage piles, fugitive sources, and open sources on a lot shall not exceed the following limitations measured across lot lines or district boundaries as indicated below. Suspended particulate matter is measured at ground level or habitable elevations, whichever is more restrictive. The limitations apply to the contribution by the sources on a lot, over and above background levels.

 

 

      4.   Toxic Matter: The emission of toxic matter from all stacks, vents, chimneys, flues, openings, storage piles, fugitive sources and open sources on a lot shall not exceed the following limitations measured across lot lines or district boundary lines, as indicated below. Measurement shall be at ground level or habitable elevation and shall be an eight (8) hour sample. Threshold limit values (TLV) for toxic materials adopted by the American Conference Of Governmental Industrial Hygienists shall be employed, except when air quality standards for such toxic materials have been adopted by the state of Illinois, in which case the latter shall apply. If a toxic material is not listed, the applicant shall satisfy the zoning administrator that the proposed levels will be safe to the general population.

 

 

      5.   Odorous Matter: The emission of odorous matter from all sources on a lot shall not exceed the following limitations across lot lines or district boundaries, as indicated below. Measurement shall be at ground level or habitable elevation, whichever is more restrictive.

 

 

   D.   Fire And Explosion Hazards: In all districts, any activity involving the manufacture, utilization, or storage of flammable, combustible and/or explosive materials shall be conducted in accordance with the regulations promulgated by the village and the standards of the National Fire Protection Association.

      1.   Detonable Materials: Activities involving the storage, utilization, or manufacture of materials or products which decompose by detonation are regulated by this title. Such materials shall include, but are not limited to: all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDS, MX, PETN, and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerin, unstable organic compounds such as acetylides, tetrazoles and ozonides; strong unstable oxidizing agents such as perchloric acid, perchlocates, chlorates, and hydrogen peroxide in concentrations greater than thirty five percent (35%); and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.

      2.   M-1 Districts:

         a.   Uses involving the storage, manufacture or utilization of materials and products which decompose by detonation are permitted up to one pound inventory of such materials. The storage, utilization, and manufacture of materials and products which decompose by detonation in excess of one pound is not permitted.

         b.   The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

         c.   The storage, utilization or manufacture of solid materials or products ranging from active burning to intense burning is permitted; provided, that said materials or products are stored, manufactured, or utilized in fire resistant and fire protected buildings or spaces. Said materials or products may not be stored within forty feet (40') of any lot line, unless it is stored in a building which is protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the village and the National Fire Protection Association.

         d.   The storage, utilization or manufacture of flammable liquids or gases shall be permitted a maximum inventory in accordance with table I of this section, except that the storage of finished products in original sealed container of fifty five (55) gallons or less shall be unrestricted. Spacing and location of storage tanks shall conform with the current flammable and combustible liquids code of the National Fire Protection Association code NFPA no. 30.

         e.   A dike or drainage area shall be provided for all aboveground tanks in conformance with code NFPA no. 30. The diked area or drainage area must be no less than the following specified distance from the nearest residential district. That distance shall be two (2) times the largest dimension of the diked area or drainage area. For belowground tanks, the specified distance shall be two (2) times the largest lateral tank dimension. For example, for a rectangular dike or tank, the largest dimension is measured along the diagonal.

 

 

Note:

1.    When flammable gases are stored, utilized, or manufactured and measured in cubic feet, the quantity in cubic feet at standard temperature and pressure permitted shall not exceed 30 times the quantities listed above. Tank spacing and diking shall conform with the applicable NFPA code.

      3.   M-2 Districts:

         a.   Uses involving the storage, manufacture or utilization of materials and products which decompose by detonation are permitted up to five (5) pounds' inventory of such materials. The storage and/or utilization (but not manufacture) of materials and products which decompose by detonation may be allowed an inventory in excess of five (5) pounds only as special exception.

         b.   The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

         c.   The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted; provided, that said materials or products are stored, manufactured, or utilized in fire resistant and fire protected buildings or spaces. Said materials or products may be stored outdoors, provided such storage is set back at least fifty feet (50') from all district boundary lines and one hundred feet (100') from all residential district boundary lines.

         d.   The inventory of flammable liquids or gases in conjunction with their storage, utilization or manufacture shall be unrestricted in capacity, except that aboveground storage shall be limited to fifty thousand (50,000) gallons. Spacing and location of storage tanks shall conform with the current flammable liquids code of the National Fire Protection Association code NFPA no. 30. A dike or drainage area shall be provided for all aboveground tanks, in conformance with code NFPA no. 30. The diked area or drainage must be no less than the following specified distance from the nearest residential district. That distance shall be two (2) times the maximum dimension of the diked area or drainage area. For flammable gases, the appropriate NFPA code shall be applied in place of NFPA 30. However, minimum distances from district boundaries, as described above, shall still apply. For belowground tanks, the specified distance shall be two (2) times the largest lateral tank dimension.

   E.   Glare Or Heat:

      1.   All operations, activities, and uses shall be conducted so as to comply with the performance standards governing glare prescribed below.

      2.   Illumination levels shall be measured with a photoelectric photometer, having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the international commission on illumination.

      3.   Uses in all business and manufacturing districts shall not produce glare so as to cause illumination in residential districts in excess of 0.5 foot-candle. Flickering or intrinsically bright sources of illumination shall be controlled so as not to be a nuisance in residential districts.

      4.   No source of light shall cause a hazard to traffic along public rights of way.

      5.   Uses subject to the performance standards shall limit the use of light sources and illuminated surfaces within five hundred feet (500') of, and visible in, a residential district to comply with the light intensities indicated below:

 

 

   F.   Radiation Hazards: In all manufacturing districts:

      1.   Airborne radioactive materials shall not exceed, at any point on or beyond the lot line, the lowest concentration permitted for the general population by applicable federal and state laws and regulations. Applicable federal and state laws and regulations shall be those in effect on the day of the application for the zoning certificate.

      2.   No activity involving radiation hazards shall be permitted which cause to any individual who may be continuously at any point on or beyond the lot line, radiation in excess of the smallest amount permitted in the applicable federal and state laws and regulations on the day of the application for the zoning certificate.

      3.   Unsealed radioactive materials shall not be manufactured, utilized, or stored in excess of one hundred thousand (100,000) (105) times the quantity of radioactive materials listed in paragraph b, section 3 of the radiation installation registration law, department of public health, state of Illinois (July, 1957). (2005 Zoning Code)

   A.   Permitted Uses:

      Any use permitted in the B-2 local business district.

      Any establishment the principal use of which is manufacturing, fabricating, processing, assembling, disassembling, repairing, cleaning, servicing, testing and storing of materials, products, and goods, provided operations conform with the performance standards and other general requirements applicable to an M-1 district.

      Adult uses, pursuant to chapter 11, article B of this title.

      Building material sales and storage, including milling, planing, jointing, or manufacturing of millwork.

      Contractors' offices and shops.

      Greenhouses, including retail and wholesale sales.

      Offices, general.

      Parking lots and storage garages.

      Printing and publishing establishments.

      Public open space.

      Public utility, governmental service, and similar uses as follows:

         A.   Bus transit facilities, including shelters, passenger stations, parking areas, and service buildings.

         B.   Electric distribution centers and substations.

         C.   Compressor stations, wellhead stations, well separators, and other similar above the ground facilities customarily used for the distribution of natural gas as a part of the operations of a natural gas company or nonexempt operations of a public utility company.

         D.   Gas regulator stations.

         E.   Public utility and governmental service establishments including offices, storing, testing, repairing, and servicing.

         F.   Railroad rights of way and passenger stations.

         G.   Telephone exchanges, and telephone transmission equipment and other such service buildings.

         H.   Water filtration plants, pumping stations, reservoirs, wells, and sewage treatment plants and lift stations - public or community.

      Research laboratories, administrative and general office buildings.

      Schools, commercial or trade.

      Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

      Training centers, engineering or sales.

      Warehouses.

      Wholesale establishments. (2005 Zoning Code)

   B.   Special Uses:

      Automotive sales.

      Cultivation centers and medical cannabis dispensing organizations in compliance with the Compassionate Use of Medical Cannabis Pilot Program Act 1 provided that the distance requirements set forth in that Act are also required for public parks and religious institutions for such use and no drive-through is allowed. (Ord. 14-11, 7-1-2014; amd. Ord. 18-08, 2-6-2018)

Off street parking and off street loading shall be in accordance with regulations set forth in chapter 12, articles A and B of this title. (2005 Zoning Code)

Signs shall be in accordance with regulations set forth in chapter 13 of this title. (2005 Zoning Code)

An application for a building permit pertaining to the use of land or structures which requires compliance with provisions of this title respecting performance standards shall be accompanied by a signed certificate from a recognized testing laboratory selected from a list approved by the Village, certifying that the proposed structure and use can and will be in compliance with the applicable performance standards. (2005 Zoning Code)

No switch track (nor any point thereon) located on any parcel or lot sold or subdivided for industrial purposes shall be closer than three hundred feet (300') from the nearest lot line of any property zoned for residential purposes. (2005 Zoning Code)

Railroad freight yards, except, if a change in use is desired, the provisions of the M-1 restricted manufacturing district shall govern. (2005 Zoning Code)

Off street parking and off street loading shall be in accordance with regulations set forth in chapter 12, articles A and B of this title. (2005 Zoning Code)

Signs shall be in accordance with regulations set forth in chapter 13 of this title. (2005 Zoning Code)

   A.   Limited To Village Owned Real Estate: An M-3 district zoning classification shall be limited to village owned real estate.

   B.   Structures: An M-3 district zoning classification shall only include those kinds, sizes and forms of structures preapproved by the village board and for nonvillage owned facilities covered or to be covered by a lease, license, or franchise agreement from and with the village.

   C.   Facilities Not Owned By Village; Approval:

      1.   In the M-3 district zoning classification, the installation and construction of any facility not village owned shall be preceded by a written request of the applicant to the village board for determination of appropriateness.

      2.   Any decision to deny request for approval for the installation or construction of a facility within the M-3 district shall be in writing and supported by substantial documentation contained in a written record.

      3.   The village board may require that any hearing held on the application for approval pursuant to this article be transcribed by a certified court reporter. The applicant shall reimburse the village for costs incurred as a result of the court reporting and the preparation of any transcript. (2005 Zoning Code)

More than one use may be located within one zoning lot pursuant to approval of the village board within the M-3 district zoning classification. (2005 Zoning Code)

In regard to billboards, the village reserves the right to regulate and limit the size, height, location and number of billboards erected within any property located within an M-3 district zoning classification consistent with the highway advertising control act of 1971, other pertinent statutes, the provisions generally applicable to billboards under the general provisions and the other manufacturing district provisions of this title, as amended (but in case of conflict, this provision or the next most specifically applicable provision to a manufacturing district shall prevail), and other applicable ordinances of the village. (2005 Zoning Code)

   A.   Telecommunications antenna and towers shall be subject to the regulations set forth in chapter 11, article A of this title.

   B.   Notwithstanding anything to the contrary in subsection A of this section, in regard to telecommunications towers (which shall include television towers, personal wireless personal service facilities and other towers connected to any form of communication), the tower shall not be located in any fashion that would diminish or obstruct the existing communication ability of an operating tower already located within the M-3 district and shall not be any higher than can be safely constructed given the winds and other conditions affecting the stability of such structure. The village board shall not unreasonably discriminate among applicants for telecommunications towers that provide such services or functionally equivalent services. The telecommunications towers within the M-3 district shall conform to the applicable federal statutes and to the village ordinance establishing standards for telecommunications antennas and towers. (2005 Zoning Code)

All leases, licenses and franchise agreements by which billboards and telecommunications towers are installed and constructed within an M-3 district zoning classification shall provide a hold harmless to, and indemnification of, the village for any injury resulting from the construction, operation, maintenance, defect and removal of the billboard(s) or telecommunications tower(s) executed by the owner and operator of said billboard(s) or telecommunications tower(s). (2005 Zoning Code)